This blog post was created by Ontario slip & fall lawyer Mark Yazdani. Visit Mark’s slip and fall information website: www.slipfall.ca

The George v. Convent Garden Market Corp. court decision was released by the Ontario Superior Court of Justice in London on July 25, 2007.

On February 7, 2002, Maria George was entering the Convent Garden Market in London, Ontario, when her right foot suddenly caught a buckled area of the entrance mat. She fell forward with into the left side of the door frame, striking her head on the frame and then rebounded backward falling on her back and hitting her head on the floor.

Ms. George, who was dazed by the slip & fall, was taken by ambulance to the London Health Sciences Centre. X-rays of her neck showed a localized prevertebral soft tissue swelling at the C5-6 level. There were no fractures. Her left wrist was x-rayed and showed a mild soft tissue swelling over the ulnar side of the wrist, with no fractures or dislocations. The plaintiff was released from the hospital the same day.

Ms. George hired a London slip and fall lawyer and sued the Convent Garden Market for negligence.

At trial, the court started by looking at the Section 3(1) of the Occupiers Liability Act, which states:

An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.

The court noted if Ms. George had simply caught her foot or stumbled on the mat she would be “the author of her own misfortune” and the defendant would not be liable.

After reviewing surveillance videos of the incident, including video of the mat (which did not show any buckled area), the court found that the evidence did prove that the defendant was negligent. As a result, Ms. George’s action was dismissed.

However, the court did proceed to assess damages (in the event of an appeal). Had Ms. George been successful, the court would have awarded her for $63,354 in damages including out-of-pocket damages.

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